Karnataka Circuit Bench High Court · 2011

SMT. RENUKA S/0 SHARADRAO MOREY AGE: 50 YEARS. 0CC: HOUSEWIFE, R/O JOSH I FARM. OPP. KARNATAKA VIKASA GRAMEENA BANK, DHARWAD SHRI. SATYAJIT S/O SHARADRAO MOREY AGE: 40 YEARS. 0CC: BUSINESS R/O JOSH! FARM. OPP. KARNATAKA VIKASA GRAM EENA BANK, DHARWAD SHARADRAO MOREY VISHWAJEET Sb AGE: 35 YEARS, 0CC: BUSINESS R/O JOSH! FARM. OPP. KARNATAKA VIKASA GRAMEENA BANK, DHARWAD SHRI. MANOHAR 5/0 NINGAPPA MOREY AGE: 51 YEARS. 0CC: BUSINESS R/O NAVALUR, TQ & DIST. DHARWAD SMT. SUNANDA 5/0 MANOHAR MOREY AGE: 44 YEARS. 0CC: HOUSEWIFE, R/O NAVALUR. TQ & DIST. DHARWAD ASHOKKUMAR Sf0 DHEERANDRARAO AGE: 48 YEARS, 0CC: GOVT SERVICE. R/O D/F CCB (R & D) (W) DRDO, PB NO. PASHAN POONA, MAHARASHTRA STATE 1 ARMAMENT POST, SMT. SULOCHANA Wb0 SHANTARAJ MANASUR. AGE: 61 YEARS, 0CC: RETD.. R/O NEAR SAIBABA TEMPLE, KRUSHI NAGAR, KELAGERI ROAD, TO. & DIST. DHARWAD It). SMT. JYOTI W/0 VIJAYA MACHIGAD. AGE: 32 YEARS, 0CC: HOUSEWIFE, M VA 23201 .201 1 c/w MFA 23202

23203.201

15. RIO RAJESWARI BUILDING, SAPTAPUR LAST CROSS. JAYANAGAR. TQ & DIST. DHARWAD SHANTARAJ Sf0 BASAVARAJ MANASUR, AGE: 63 YEARS, 0CC: RETD.. RIO NEAR SAIBABA TEMPLE, KRUSHI NAGAR, KELAGERI ROAD. TO. & DIST. DHARWAD SMT. VIJAYALAXMI. W/O ARUN HIREMATH, AGE: 37 YEARS, 0CC: SOFTWARE ENGINEER. R/O JANANI. H. NO. 253, 2 MAIN, 5TH CROSS. NEAR LIONS SCHOOL. NARAYANAPUR, DHARWAD SMT.CHETANA, W/O CHANDRASHEKAHARAYYA CHIKKAMATH, AGE: 32 YEARS, 0CC: HOUSEHOLD, R/O CIO C. M. CHIKKAMATH, JUNIOR ENGINEER, PWD QUARTERS, RANEBENNUR, NOW AT DHARWAD. SHRI. MUDIYAPPA Sf0 HUCHAHAPPA CHIKKAREDDI, AGE: 53 YEARS, 0CC: GOVT. SERVENT. RIO PLOT NO. 39. CITB EXTENSION I MAIN, 1ST CROSS, JAYANAGAR,. DHAR WAD SMT. G. SAROJA D/O MARISWAMY, AGE: 42 YEARS, 0CC: HOUSEHOLD WORK, R/O H. NO. 79, AKSHAYA COLONY. HUBLI

16. SML PARVATI: D/0 RUDRAPPA ROLLI. W!0 SANGAPPA PASARAD, AGE: 39 YEARS. 0CC: TEACHER. GANESH KALYANMANTAO ROAD. BELGAUM ROAD, HALIYAL,

17. SMT. SUJATA W/O SHIVAPPA GANAGI AGE: 45 YEARS. 0CC: HOUSEHOLD WORK, MPA 23201.2011 c/w 23203.2011 MFA 23202 4 RIO SHIVADARSHAN. PLOT NO. 6. REVENUE COLONY, RANICHANNAMMA NAGAR, DHARWAD. l. SHRIRANG 5/0 KRISHNAJI DESHAPANDE. AGE: 59 YEARS. 0CC: GOVERNMENT SERVICE. RAJALAXMI. H. NO. 92, SHIVAGIRI, DHARWAD. IQ. DR. RANGARAJ, Sb DEVENDRAPPA AGE: 44 YEARS, 0CC: PROFESSION, RIO KANNADA DYANA PEETHA, KARNATAKA UNIVERSITY, DHARWAD. 2U.

21. SMT. CHETANA WIO SHIVANAND CHALAVADI. AGE: 24 YEARS, CCC: HOUSEHOLD, VANASHRI NAGAR, SATTUR, DHARWAD. JAYAPRAKASH SIC SUMANT JOSH I, AGE: 34 YEARS, 0CC: SERVICE, KAVERI BUILDING. GODABOLE MAIN AYODHYANAGAR, BIJAPUR. NOW AT ABUDHABI BY PA HOLDER SUMANT RAMACHANDRA JOSH I, AGE: 62 YEARS, 0CC: RETD, KAVERI BUILDING, GODABOLE MAIN, AYODHYANAGAR. BIJAPUR.

22. SANGAPPA SlO SHEKARAPPA PASARAD, AGE: 42 YEARS, 0CC: SERVICE, R/O 3RD MAIN ROAD, KUD CIRCLE, SHRINAGAR. DHARWAD

23. VEERAMMA DIO BASAYYA SAVIRMATH. AGE: 40 YEARS. 0CC: LECTURER, QUARTER NO. D-18. PAVATENAGAR. DHARWAD. MFA 23201.2011 c/w 23203.2011 MFA 23202

24. SMT. PREETI, W/O UMESH PATIL, AGE: 34 YEARS, 0CC: SERVICE, R/O C/O T BASAVARAJ. TUNGABHADRA LAYOUT, 3RD C ROSS. KUD ROAD. DHARWAD.

25. MANJUNATH. 5/0 BASAVANTRAY GOUDRADDI. AGE: 30 YEARS, 0CC: SERVICE. R/O A1-214. YAMMUNA BLOCK, NJV KORAMANGAL. BAN GALORE. 2(.

27. T P MANJUNATH, AGE: 34 YEARS, 0CC: GOVT. SERVICE, R/O ASST. ENTAMOLOGIST NAMP ZONE, M-VADAGAON, BELGAUM. SMT. KAMALADEVI, W/0 KRISHNAGOUDA TIMMANAGOUDAR, AGE: 66 YEARS, 0CC: HOUSEHOLD, R/O TIMMANAGOUDAR CLASS, NEAR SAPTAPUR BHAVI. DHARWAD.

2. FAKKIRAPPA S/0 MARITAMMAPPA DURGAMAVAR, AGE: 50 YEARS. 0CC: SERVICE & AGRI. R/O TIMMANAGOUDAR CLASS, NEAR SAPTAPUR BHAVI, DHARWAD 2k). GANGADHAR. Sb BALACHANDRA MALAG HAN AGE: 36 YEARS, 0CC: BUSINESS, R/O H.No, 31/1, NEAR POLICE STATION, LAXMINAGAR, BAGALKOT.

30. R C CHANNAHALLI S/O S CHANDAPPA AGE: 70 YEARS, 0CC: AGRICULTURE, R/O D. NO. 421. 1ST MAIN, 10TH CROSS, J,P. NAGAR, 2ND STREET, BANGALORE.

3. MAHANTESH S/0 ABSALINGAPPA DUNDANATTI AGE: 33 YEARS, CCC: AGRI. MPA 23201.201 c/w MPA 23202 &. 23203.2011

33. RIO RAJAPUTAGALLI, TALIKOTI, TO. MUDDEBHIHAL. DIST. BIJAPUR. SMT, DHANALAXMI. W/O SHYAMSUNDAR MOOLIMANI, AGE: 37 YEARS. 0CC: HOUSEHOLD. RIO RAJAPUTAGALLI. TALIKOTI. TO. MUDDEBHIHAL. DIST, BIJAPUR. SMT. MADHAVI. W/0 JAYATEERTH KARJAGI. AGE: 35 YEARS. 0CC: HOUSEHOLD, RIO SUPRASAD, 5TH CROSS, MALMADDI, DHARWAD. BY PA HOLDER RANGANATH S/0 VAMACHARYA KARJAGI. AGE: 74 YEARS, 0CC: RETD., R/O SUPRASAD, 5TH CROSS, MALMADDI, DHARWAD. 34, MALL!KARJUN SIO SHIDRAMAPPA BALI, AGE: 40 YEARS. 0CC: BUSINESS, R/O ARUGRAHA BUILDING, SHIRASTEDAR ON!. MADIHAL, DHARWAD.

35. BASAVARAJ. S/O MAHADEVAPPA KARENNAVAR. AGE: 28 YEARS. 0CC: BUSINESS, R/O NO. 225, 2ND MAIN, 5TH CROSS, BHARATI NAGAR. DHARWAD.

36. 37, PRAKASH, Sb MAHADEVAPPA KARENNAVAR, AGE: 37 YEARS, 0CC: BUSINESS, R/O NO. 225, 2ND MAIN, 5TH CROSS, BHARATI NAGAR, DHAR WAD SHRI. PANDURANG. Sb GAJANAN SHETTI. AGE: 41 YEARS, 0CC: BUSINESS, R/O SHRI SHARADA KRUPA. 1ST MAIN 3RD CROSS. CHANNABASAVESHWAR NAGAR. DHARWAD.

3. SMT. MAINAXI. WI0 NAGESH MANDAS, AGE: 35 YEARS. 0CC: HOUSEHOLD. RIO SHIVANANDA NAGAR, GADAG, MlA 23201.201 1 c/w MFA 23202 & 23203.2011 BY PA HOLDER NAGESH, Sb VISHWANATH MUNDAS. AGE: 43 YEARS. 0CC: SERVICE. R/O H.NO. 29. STATE BANK COLONY. NEAR POLICE HEAD QUARTERS. DHARWAD.

41. SHRI. SHIVAPPA Sb HANAMANTAPPA SHIVALLI. AGE: 57 YEARS. 0CC: GOVT. SERVICE. RIO MIG 33. HUDCO COLONY. SADHANAKERI, DHARWAD. SHRI. RAJASHEKAR. SlO SIDDAGONDAPPA PATIL. AGE: 41 YEARS, 0CC: MANAGER. RIO JANANI. H. NO. 253, 2ND MAIN, 5TH CROSS, NEAR LION SCHOOL, NARAYANPUR, DHARWAD. SMT. SAVITHA, WIO RAJASHEKAR PATIL, AGE: 36 YEARS, 0CC: SOFTWARE ENGINEER, RIO JANANI, H. NO. 253, 2ND MAIN, 5TH CROSS, NEAR LION SCHOOL, NARAYANAPUR, DHARWAD

42. MUTTANNA SlO HANAMANTAPPA KALE, AGE: 55 YEARS, 0CC: SERVICE. RIO CIO S. N. DODDAMANI, SRINILAKANTESHWAR BUILDING, MICHIGAN COMPOUD. SAPTAPUR, DHARWAD.

44. SMT. US HA, WIO VEERABHADRAPPA KAMMAR. AGE: 43 YEARS, 0CC: HOUSEHOLD, RIO VEERABHADRAKRUPA, PLOT NO. 1. 1ST CROSS, TUNGABADRA LAYOUT, SAPTAPUR, DHARWAD. SMT. SOUMYA. W/0 SHRIKANT KALASAKAR. AGE: 32 YEARS. CCC: MANAGER. R/O B WING. 602. NANEY TOWERS, VANAVARI, PUNE. MVA 232(1.2011 c/w MPA 23202 . 23203.2011 C) 0

45. BHAGESWAR Sf0 SHIVAPPA NAIK, AGE: 46 YEARS, 0CC: GOVT SERVANT, RIO SHIVANILAYA, NEAR DURGADEVI TEMPLE. BESIDE KEB STATION. DEVADURGA, RAICHUR.

47. SRI. VIJAYA. 5/0 BASAVANYAPPA MACH IGAD, AGE: 38 YEARS: 0CC: SOFTWARE ENGINEER. R/O RAJESWARI BUILDING. SAPTAPUR. LAST CROSS. JAYANAGAR, DHARWAD SMT. KAVITA WIO KASHINATH CHIMMAD: AGE: 38 YEARS. 0CC: HOUSEHOLD, R/O C/O ASHOOKAKU MAR, KUKANUR, PLOT NO. 39, RENUKA NILAYA, 5TH CROSS, GANDHINAGAR, DHARWAD.

48. KASHINATH Sf0 PAN DITAPPA CHIMMAD, AGE: 45 YEARS, 0CC: SERVICE, R/O C/O ASHOOKAKU MAR, KUKANUR, PLOT NO. 39, RENUKA NILAYA, 5TH CROSS. GANDHINAGAR. DHARWAD. 4),

51. SMT. VIJAYLAXMI. W/0 BASAVARAJ KARENNAVAR. AGE: 32 YEARS, 0CC: BUSINESS, R/O NO. 255. 2ND MAIN. 5TH CROSS. BHARATHI NAGAR. DHARWAD SMT. SOBA W/O PRAKASH KARENNAVAR, AGE: 31 YEARS, 0CC: ARCHITECT, R/O NO. 255, 2ND MAIN, 5TH CROSS, BHARATHI NAGAR, DHARWAD. SMT. SUREKA REDDY, AGE: 42 YEARS, 0CC: HOUSEHOLD WORKS. R/O A1-214, YAMUNA BLOCK, NJV KORAMANGAL. BANGALORE.

52. DR. VEERABHADRAGOUDA. AGE: 40 YEARS. 0CC: PROFESSOR. MFA 232012011 c/w MPA 23202 6. 23203.20] 1

54. RIO CHIKKALAPARAVI. TQ. MANVI. DIST. RAICHUR, REP. BY PA HOLDER, DR. K GOUDAREDDY. AGE: 73 YEARS, 0CC: PENSIONER. RIO NIRMAL NAGAR. DHARWAD. SMT. LATA, WI0 VEERABHADRAGOUDA. AGE: 32 YEARS, 0CC: R/O CHIKKALAPARAVI, TQ. MANVI. DIST. RAICHUR, REP. BY PA HOLDER DR. K GOUDAREDDY. AGE: 73 YEARS, 0CC: PENSIONER, R/O NIRMALNAGAR. DHARWAD. SHRI. SANDESH. S/0 DEVARAJU AGE: 28 YEARS, 0CC: SERVICE, R/O RAJMANGAL. SAPTAPUR. HALIYAL ROAD. DAHRWAD. REP. BY PA HOLDER, SMT. SARWAMANGALA, W/O DEVARAJU, AGE: 60 YEARS, 0CC: DOCTOR, R/O RAJMANGAL, SAPTAPUR, HALIYAL ROAD, DHARWAD.

55. DR. SHIVASHANKAR. S/0 S. SUBBARAIDU, AGE: 36 YEARS. 0CC: ASST. PROFESSOR, R/O NO. 12, RENUKA KRUPA. PAVANNAGARI. MICHIGAN COMPOUND, SAPTAPUR, DHARWAD

57. SHRI. BASANAGOUDA, SI0 CHANDRAGOUDA HOSAMANI, AGE: 31 YEARS, 0CC: BUSINESS & AGRICULTURE. R/O G.BASAVANAKOPPA, TQ. KHALGHATAGI. SHRI. RAJU. S/0 BABURAO BOLASHETTI. AGE: 38 YEARS. 0CC: AGRICULTURE. R/O UDAKERI, TQ. BAILHONGAL, DIST. BELGAUM. MFA 23201.20 1 c/w MEA 23202 & 23203.2011

5. I U SMT. DEEPTI, W/O SHIVAKUMAR SHETTY, AGE: 26 YEARS. 0CC: HOUSEHOLD. R/O NO. 49. VISHWABHARATHI HOUSING SCO. SHIVAGIRI, DHARWAD. REP. BY PA HOLDER. ASHOK. SIO RUDRAYYA VADAKANNAVAR. AGE: 58 YEARS, 0CC: PROFESSOR, RIO NO. 49, VISHWABHARATHI HOUSING SCO. SHIVAGIRI, DHARWAD.

59. SHRI, SIDDESHWARSWAMI, SIO VEERABASAYYA SALIMATH. AGE: 42 YEARS, 0CC: SERVICE. RIO PLOT NO. 115, SAMARUDDHI BUILDING, 10TH CROSS, CHANNABASAWESHWAR. DHARWAD. 60, ALLAPPA, Sf0 PADMAPPA KATTAKOL, AGE: MAJOR, 0CC: NOT KNOWN, R/O SAPTAPUR. DHARWAD

61. SMT. HAZARATDI. W/O MAKTUMSAB BETAGERI AGE: MAJOR, 0CC: HOUSEHOLD, R/O JANNAT NAGAR, DHARWAD.

62. GURU LINGAPPA, 5/0 SHANKARAPPA KAPSE, AGE: MAJOR. 0CC: NOT KNOWN. R/O KALANAGAR. DHARWAD.

63. SMT. JAITUNBI, W/0 MAHABOOBSAB GOLANDAS, AGE: MAJOR. 0CC: HOUSEHOLD. R/O MALAPUR. DHARWAD. 6$. RAGHAVENDRA RAO, IV1PA 23201.201 1 c/xv 23203.2011 MFA 23202 11 S/0 SRINIVAS RAO DESHPANDE. AGE: MAJOR, 0CC: NOT KNOWN, R/0 MALMADDI. DHARWAD. o5. DORGRASAB FAKKIRSABU SUNAGAD. AGE: MAJOR, 0CC: NOT KNOWN. R/O MALAPUR, DHARWAD.

66. SHEKUBABU, Sb HUSENSAB BETAGERI. AGE: MAJOR, 0CC: NOT KNOWN. R/O JAANNAT NAGAR, DHARWAD.

67. RAJBI, W/O SAYYEDSAB BETAGERI, AGE: MAJOR, 0CC: HOUSEHOLD, R/O JANNAT NAGAR, DHARWAD. 6$. SHIVABASAPPA, Sb BASAPPA MELEYAVAR, AGE: MAJOR, 0CC: NOT KNOWN, R/O KALAYANAGAR, DHARWAD.

69. RAMACHANDAR, SUBBAARO PATIL, Sb AGE: MAJOR, 0CC: NOT KNOWN. R/O SAPTAPUR. DHARWAD.

70. BABURAO, 5/0 GOVNDRAO KULKARNI, AGE: MAJOR, 0CC: NOT KNOWN, R/O MALMADDI, DHARWAD. }

72. GANGARAM Sf0 BHIMAPPA KSHJRESAGAR. AGE: MAJOR, 0CC: NOT KNOWN, R/0 MAARATHA COLONY, DHARWAD. SMT. PARVA11 W/O SANGAPPA PARASAD. AGE: MAJOR. 0CC: HOUSEHOLD R/0 SAPTAPUR, DHARWAD. MFA 23201.2011 c/w MFA 23202 & 23203.2011 17

73. CHANDRABAI, W/O PRASHURAM MORE, AGE: MAJOR, 0CC: HOUSEHOLD, R/O MARATHA COLONY. DHARWAD

74. BASANGOUDA 5/0 CHANDRAGOUDA HOSMANI. AGE: MAJOR, 0CC: NOT KNOWN, R/O KALAYANAGAR. DHARWAD. RESPONDENTS (COMMON) (By Sri. C V ANGADI FOR C/R6 & R7) M.F.A. No.23201/2011 is filed under Section 43 Rule 1(r) of CPC against the order on I.A.No.1 dated 08.06.2011 passed in O.S.No.41!201 1 on the file of the III Addl. Senior Civil Judge, Dharwad, dismissing l.A.No.1 filed u/O 39 Rules 1 and 2 r/w Sec. 151 of CPC. MF,A. No.23202/2011 filed under Section 43 Rule 1(r) of CPC against the order on l.A.No.3 dated 08062011 passed in O.S.No.41/2011 on the file of the III Addi Senior Civil Judge, Dharwad, dismissing l.A.No.1 filed u/O 39 Rules 1 and 2 nw Sec. 151 of CPC. M.F.A. No.23203/2011 filed under Section 43 Rule 1(r) of CPC against the order on l.A.No.4 dated 08.06.20 1 1 passed in O,S.No,41/201 1 on the file of the Ill AddI. Senior Civil Judge. Dharwad, dismissing l,A.No,1 filed u/O 39 Rules 1 and 2 r/w Sec. 151 of CPC. These MFAs are coming on for admission this day the Court delivered the following:- MPA 23201.2011 c/w MFA 23202 & 23203.201 1 1—, JUDGMENT These three appeals arise out of the common order passed by the Court below rejecting l,A.Nos. 1: 3 and 4 filed by the appellant-plaintiff in O,S,No,41!2011 on the file of Ill Addl. Senior Civil Judge, Dharwad.

2. The appellant plaintiff O,S,No,41/2011. He has seeking specific performance of the agreement of sale dated 21.11.2000 allegedly executed by the first respondent Smt. Dadibee agreeing to sell 4 acres 16 1/2 guntas of land out of 8 acres 33 guntas comprised in Sy.No.89/1, 97/1 and 99 of Saptapur village, Dharwad,

3. I,A,No,1 is filed to restrain the defendant Nos. 6 and 7 from alienating the suit schedule property by way of temporary injunction. LA.No,3 is filed to restrain the defendant Nos. 8 to 73 from altering the nature of the suit schedule property by putting up any construction, whereas l,A,N0A is filed to restrain the defendants from in any manner alienating or encumbering the suit schedule property. All these applications have been M1A 23201 201 1 c/w MFA 2.3202 6. 23203.201 1 14 resisted by defendant Nos. 6.7.24.26.35.36 and 58 by filing written statement. It is stated that the other defendants have not yet entered appearance.

4. The Court below has dismissed all the applications recording a finding that no prima-facie case was made out by the plaintiff and that the balance of convenience was not favour of granting temporary injunction as sought for by the plaintiff. To arrive at this conclusion, the trial court has referred to the suit agreement of sale dated 2111.2000 which is reduced into writing in 200I- stamp paper purchased on different dates and more particularly, to the fact that the said document was notarized by a notary who was not appointed as a notary at the relevant time when the agreement was entered into, but was so appointed in the year 2005. The Court below has also taken note of the fact the agreement was entered into on

21.11.2000 and the suit was filed in the year 2011 and that the clausecontained in the agreement statw that the sale deed was required to be registered within a period of 21 years from the date of agreement as and when called upon by the plaintiff It has also emphasized the fact that though sale consideration MFA 23201.2011 c/w MFA 23202 & 23203.2011 15 was ?25.00,000I-. only a sum of ?15,000I-was paid as advance amount, though the covenant disclose that the possession of the property was delivered to the plaintiff.

5. By referring to these aspects, the Court below has expressed serious doubt regarding the nature of the transaction as in the opinion of the Court below, the conditions incorporated in the agreement were unnatural and gave room for suspicion. The Court below has however, taken care not to express any opinion on the merits of the case of the plaintiff as it was only considering the prima-facie case made out by the plaintiff at the time of considering the prayer for injunction.

6. Learned counsel for the appellant strongly contends that as long as a duly executed agreement is relied upon and as long as nature of injunction sought is to preserve the property in status quo pending disposal of the suit and the rival case was made out by plaintiff, the Court below was not right and justified in pointing out certain discrepancies in the agreement of sale to deny the relief of temporary injunction. His submission is that if the defendants are permitted to alienate the property or alter the M PA 23201 20 11 c / w MPA 23202 & 23203.2011 nature of the same, it will result in irreparable injury and hardship to the plaintiff.

7. Learned counsel appearing for the respondents strongly supports the findings recorded by the Court below.

8. Having heard the learned counsel for the parties and on careful perusal of the impugned order, pleadings and other materials on record, it is seen that the CoLirt below has assigned valid and cogent reasons for coming to the conclusion that no prima-facie case was made out by the plaintiff for grant of an order of temporary injunction. The Court below has taken note of the date of agreement entered into on 21.11.2000 and the date of suit that is filed after 11 years and has made certain comments regarding the covenant in the agreement. It has also referred to the notarization of the agreement by a notary who was not appointed as such at the time the agreement was entered into. Therefore, it cannot be said that the findings recorded by the trial Court regarding the absence of prima-facie case for the plaintiff is not based on any sound reasons and that therefore, the said findings cannot be characterized as iflegal or MPA 23201.201 1 c/w MPA 23202 & 23203.2011. 17 perverse so as to warrant interference in exercise of appellate jurisdiction

9. Hence, these appeals being devoid of merits are liable to be dismissed. Accordingly. they are dismissed.

10. It is further made clear that all observations made by the trial Court in the course of the impugned order are confined only for consideration of the relief of temporary injunction and shall not influence the court below in adjudicating the merits of the case.